Excerpt: ...o Request for Production number 24. A verified supplemental response with be produced within ten (10) days of this ruling. The Court would DENY the remainder. Case Summary This is a lemon law case. The Complaint alleges that on May 3, 2022, Plaintiff purchased the subject vehicle with a warranty from the Defendant Auto Manufacturer. The vehicle developed defects in its suspension, electrical, and structural systems. Although it was taken for repa...

Excerpt: ...l, Inc. (2008) 168 cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, t...

Excerpt: ...pp.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in set...

Excerpt: ... has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and...

Excerpt: .... (2008) 168 cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial...

Excerpt: ... they were not authorized for sale or use anywhere in the United States. (Compl„ "6-9.) On September 15, 2022, Plaintiff filed suit for (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) promissory estoppel; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) declaratory relief; and (7) unfair competition. Under its fraud cause, Plaintiff also alleges that Defendant knew its representations we...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ... Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the ext...

Excerpt: ... of fees and costs, as the plaintiff must post an appropriate appeal bond or undertaking or petition for writ of supersedeas to stay enforcement. (Dowling v. Zimmerman 85 Cal.App.4th 14CL) Thus this case is not different from any other case where a party obtains a judgment, the losing party files and appeal, and the judgment is stayed pending the appeal only if a bond is posted. Out of State Lawyer The ability to recover fees incurred by an out-o...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ...he ceiling. The incident caused damage to the residence, personal property, and also exposed Carmona's relatives to injury. Semper Solaris then breached the contract by failing to pay for the cleanup and repair costs. Based on these allegations, Carmona commenced suit against Semper Solaris in October 2022 for (1) negligence, (2) breach of contract, (3) products liability, and (4) strict liability. Now, through the pending motion, Semper Solaris ...

Excerpt: ...h 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceeding...

Excerpt: ...ngeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and...

Excerpt: ...142 S.Ct. 1905. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual" components. In the Viking River lexicon, an "individual" PAGA cla...

Excerpt: ...pp.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2005) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proc...

Excerpt: ...e to act on the part of their attorneys. There is no evidence the amendment was intended to be a catch-all remedy for every case of poor judgment on the part of counsel which results in dismissal.' ( Huens v. Tatum, supra, 52 Cal. App. 4th at p. 264, quoting, in part, Peltier v. McCloud River R.R. Co., supra, 34 Cal. App. 4th at p. 1824, italics in original.)" English v. IKON Business Solutions, Inc. 94 Cal.App.4th 130, 146-147[114 Cal.Rptr.2d 93...

Excerpt: ...ainst Defendants Brickley Construction Company, Inc., and James Lawrence Brickley (dismissed), alleging causes of action for (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime; (4) failure to pay wages due upon termination, waiting time penalty; (5) failure to issue accurate wage statements; (6) constructive discharge; and (7) unlawful/unfair business practices. Plaintiff alleges he is a former non-exempt emplo...

Excerpt: ..., yet plaintiff's employment terminated in May 2021 (Complaint 14). The motion to strike—which the court treats as a demurrer or motion for judgment on the pleadings—is brought on the ground that plaintiff lacks standing and is therefore granted. Leave to amend, however, is granted, either to substitute a new class representative or to change the definition of the class so that plaintiff falls within it. ...8 Plaintiff has amended the complai...

Excerpt: ...ecord a notice of pendency in which that real property claim is alleged. (Code Civ. Proc., 5405.20.) A real property claim means the cause(s) of action in a pleading, if meritorious, affects title to or the right of possession of a specific real property, orthe use of an easement. (Code Civ. Proc., 5405.4.) A Lis Pendens may be ordered removed from the record because (i) the complaint does not contain a real property claim (Code Civ. Proc., 5405....

Excerpt: ...s roof to fix a leak. Plaintiff sustained injuries when he fell off the roof. At issue is Defendant Patricia Perry's, individually and as Trustee of Perry Family Living Trust, motion for summary judgment, or in the alternative, summary adjudication. Defendant Perry raises the following issues: (1) the case of Privette v. Superior Court (1993) 5 Cal.4th 689, demonstrates Defendant is not liable; (2) there are not triable issue of fact that there w...

Excerpt: ...ed Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of discov...

Excerpt: ...The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (21W6) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class acton status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experi...

Excerpt: ... (SAC) pleads 7 causes of action: (1) breach of contract, (2) promissory estoppel, (3) quiet title, (4) unjust enrichment, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) constructive trust. The SAC alleges Daniel and Kendall entered into a rent-to-own contract on April 27, 2014, concerning the property at 9886 Encina Ave., Bloomington for a sales price of $265,000. Before this, Daniel was a tenant at the Subject Prope...

Excerpt: ...l notice by both parties are granted. The requests involve court records and court register of actions which are proper subjects of judicial notice. (See Evidence Code, S 452, subd. (d); D. Cummins Corp. v. United States Fidelity & Guaranty Co. (2016) 246 Cal.App.4th 1484, 1492, fn. 8 [taking judicial notice of Superior Court's register of actions]. First Cause of Action: Equitable Indemnity Preliminarily, Defendant's compulsory cross complaint a...

Excerpt: ...ly had problems with its totally integrated power module or TIPM. It is further alleged that FCA was unable to repair the vehicle within a reasonable number of attempts and failed to replace the vehicle or provide restitution. The complaint further indicates FCA was aware of the defects in advance and concealed relevant facts. Finally, the repairs were also negligently performed by defendant West Covina Chrysler Dodge Jeep Ram (WC). Overall, the ...

Excerpt: ...eadline. Defendant moves to compel a further response to RFP #8. Thereafter, on April 13, 2023, Plaintiff served by email a supplemental, nan-verified response. (Pfeffer Decl. at 99, Exh. 3.) On April 14, 2023, Plaintiff filed its opposition. Defendant filed its reply on April 20, 2023. Neither party seeks sanctions. DISCUSSIONS Meet and Confer It appears Defendant met and conferred. (Cleveland Decl. at 94, Exh. C.) The letter sent properly menti...

Excerpt: ...osing separate statement; excerpts from the depositions of Trenholm, Jauregui, and Ramsey; the appendix manual for the project; the FAC; a declaration from Ramsey; photos of the scene; a declaration from expert Ryan Radebach and attorney Page | 2 Kristen Gray; a public works memorandum; the contract for the park and an adopted capital improvement program; and the order denying the City's demurrer (of which judicial notice is properly sought). The...

Excerpt: ...ndisputed that Act 1 inspected the fence the Friday before the inc:ident, the fence was cut by the third person(s) over the weekend, and Act 1 was unaware. (Fact No.'s 12-17, 22, and 56; Ramsey Decl. [condition discovered upon returning to the site on Mondayl.) Given the absence of knowledge regarding the condition itself, Act 1 cites to the general rule that "the owner is not the insurer of the visitor's personal safety" and as such "the owner's...

Excerpt: ... to No. 2, as the statement relates to a business practice in place and allegedly experienced by the declarant. As to Defendant Field's declaration the Court would SUSTAIN objections Nos. 1-3, again, on hearsay. As to the Preliminary Injunction: The Court would GRANT the motion. The Court will hear argument at hearing on the appropriate undertaking necessary to mitigate Defendants' potential loss should Plaintiff's claims be unsuccessful. Case Su...

Excerpt: ...2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the sta...

Excerpt: ...aim. However, the jury found in favor of Plaintiff and against Defendant Cohen on the breach of fiduciary duty, promissory fraud, and financial elder abuse claims. The jury awarded $276,524.37 in economic damages and $93,620.00 in noneconomic damages. The jury further found Cohen engaged in conduct with malice, oppression, or fraud toward Plaintiff. In its verdict in the second phase of the trial on May 19, 2022, the jury awarded $25,000 in punt-...

Excerpt: ...amount of $75,853.16, with fees to be decided by motion. (Kirnos Decl., 921; Exh. D.) On March 30, 2023, Plaintiffs filed this motion for attorney fees ($100,680.00); a 0.5 multiplier ($50,340.00); and costs ($46,046.13)—a total request of $197,066.13. Evidentiary Objections: Defendant objects to portions of the declaration of Plaintiff's attorney Roger Kirnos as lacking personal knowledge and foundation, hearsay, and relevance. • Objections ...

Excerpt: ...andez") on March 29, 2023 challenging the suspension of his driver's license. The petition alleged on December 31, 2021 at4:4q a.m„ Officer J. Andrade arrested Petitioner for driving under the influence. Petitioner retained counsel and requested an Administrative Per Se (APS) hearing within the statutory Page 2 time and obtained a stay of the suspension. DMV Hearing Officer P. Sims provided over the hearing which concluded on February 27, 2023....

Excerpt: ...Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' ...

Excerpt: ...tarted by Dale Singh ("Dale") in 2009. Lopez currently serves as the company's president. Upon his initial employment, Lopez alleges he purchased 25% of Dale's shares for $100,000. Dale died on February 6, 2013. Dale's widow, defendant Amelia Singh, inherited his shares. Since Dale's death, Lopez has run the business by himself. Lopez and Amelia make up two members of the three-person board of directors of HSST. Disputes arose between ü)pez and ...

Excerpt: ...rator, not the court, will decide whether the parties should be ordered to non-binding mediation pursuant to the agreement, which the arbitrator will determine is enforceable or unenforceable. (3) The parties agreed that the court, not the arbitrator, would decide the issue whether the class action waiver is enforceable. It is, and the class claims are therefore striken. (4) It is premature to decide whether the non-individual PAGA claims should ...

Excerpt: ...riginal complaint on May 24, 2022. Her operative First Amended Complaint (FAC) was filed on November 4, 2022, against Defendants alleging violations as to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) wage timeliness; (6) final pay; (7) wage statements; (8) maintaining records; (9) reimbursements; (10) unfair competition in violation of Business and Professions Code, secton 17200, et seq., as well as (11) civil pen...

Excerpt: ...fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach of contract. On January 30, 2023, Defendants filed the pending demurrer and moton to strike. In the Demurrer, defendants contend that the complaint fails to show that the minor plaintiffs have capacity to sue. Defendants also contend that the first, third, and fourth to seventh causes of action are uncertain and fail to state sufficient facts. In the Motion to Strik...

Excerpt: ...defenses. On April 3, 2023, Plaintiff filed the instant demurrer to seven of the affirmative defenses. Defendant opposes and Plaintiff replies. Statement of Law — Demurrer to Answer: "When any ground for objection to [an] answer appears on the face thereof, or from any matter of which the court is required to take judicial notice, the objection on that ground may be taken by a demurrer to the pleading." (Code Civ. Proc., 5430.30, subd. (a) .) "...

Excerpt: ...e second amended complaint, the requests fell within the broad scope of permissible discovery. Hazmat argues that the court ordered responses without objection, but Hazmat appears to concede that specific objections of attorney-client privilege, attorney workproduct, and official information privilege were subject to further responses in the form of privilege logs. But whether Hazmat concedes it or not, it would have been improper for the court a...

Excerpt: ...subdivision (d) against Ford, (2) violation of Civil Code section 1793.2, subdivision (b) against Ford, (3) violation of Civil Code secton 1793.2, subdivision against Ford, (4) breach of express warranty against Ford, (5) breach of implied warranty of merchantability against Sunland, and (5) fraudulent inducement-concealment against Ford. Defendants Ford and Sunland answered. Defendant Ford now moves for judgment on the pleadings (JOP) to the six...

Excerpt: ... has approved — a First Amended Complaint which now consolidates two other matters, adding Jesus Gomez and Rodney Grace as representative plaintiffs and asserting class claims for (1) minimum and overtime wages; (2) rest break violations; (3) meal period violations; (4) reimbursement violations; (5) wage statement violations; (6) timely final pay violations; (7) violation of Business & Professions Code sections 17200, et seq., and (10) civil pe...

Excerpt: ...ons are due within thirty (30) days. Case Summary This is a personal injury matter. Plaintiff alleges that on August 18, 2019, Defendants negligently operated and maintained a rental home in San Bernardino, creating a dangerous condition. Plaintiff further alleges that the dangerous condition caused him injuries. On September 2, 2021, Plaintiff filed suit for negligence, seeking remedy for injury and medical expenses. Defendant PAMA Management fi...

Excerpt: ...on of the first two causes of action on the ground that Plaintiff purchased the vehicle used. It moves for summary adjudication of the third cause of action on the ground that Plaintiff only presented the vehicle for warrantable concerns once prior to the expiration of the warranty. Facts Set Forth in the Parties' Separate Statements Defendant proffered 15 facts which it contends are undisputed and material (UMFs). Plaintiff proffered six additio...

Excerpt: ...ail, Inc. (2008) 168 cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial,...

Excerpt: ...ims for breach of contract (5 contracts-one per barn) and a 6th cause of action for common counts. In response to the lawsuit, Silver-Bronze filed a cross-complaint against Jocer followed by the operative first amended cross-complaint (FACC) against Jocer and its principal, Spencer Graffam. The FACC indicates Silver-Bronze owns the Coto Equestrian Preserve in Orange County and it contracted for the five barns. Jocer, however, failed to properly a...

Excerpt: ...r to trade in her 2004 F-150 truck and purchase a new F-150. After receiving $12K for her trade-in and placing $7K down on the new truck, Gates financed a total of $37,198.15 for the purchase of the new 2015 Ford F-150. However, Bowers agreed to guarantee the financing because Gates could not qualify alone. Gates paid for all of the payments and insurance on the vehicle through the final payment, which she made on October 3, 2021. (Compl. "8-13.)...

Excerpt: ...e. While the fact that a document was filed can be judicially noticed, the truth of matters listed in the filing cannot be. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal. App. 4th 471, 482 ["While we may take judicial notice of official acts of state agencies, the truth of matters asserted in such documents is not subject to judicial notice."].) Therefore, judicial notice is denied insofar as only the content of the notices would be...

Excerpt: ... the Demurrer: The Court would SUSTAIN the Demurrer, with leave to amend, as to the Second through Seventh causes of action. The Court would OVERRULE the Demurrer as to the First Cause. 5 Case Summary This is post- foreclosure litigation. On December 28, 2022, Plaintiff Keith Birnbaum and a laterdismissed party filed their Complaint against Defendants Loancare, LLC; and Barrett, Daft, Frappier, Treder, & Weiss, LLP (the Barrett Firm); and Joel Gr...

Excerpt: ...hers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery com...

Excerpt: ...y's testimony that: 1. He was required to undergo a mult-layer security protocol before entering the facility. (Additional Fact 31). 2. He had to wait in line to retrieve his physical time sheet before clocking in. (Additional Fact 34).3. A third shift lead instructed him to clean the work site after clocking out. (Additonal Fact 36). Summary adjudication is denied. Carrol: Triable issues of fact are raised by Carrol's testimony that: 1. His supe...

Excerpt: ...ceed." (Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal. 4th 1127, 1147, quoting Sanchez v. Superior Court (1988) 203 Cal.App.3d 1391, 1397.) A party may "specially appear" for the purpose of contesting jurisdiction, among other reasons, but that is not what is attempted here. (See Olcese v. Justice's Court of First Jud. Township (1909) 156 Cal. 82, 87 ["must keep out for all purposes except to make that [jurisdictionall objection ... ."].) A "spe...

Excerpt: ...es. Stater Bros. followed up multiple times, but Cervantes failed to respond. As a result, the pending motion to compel further RFA and FRog responses were filed. The motion involves RFA No.'s 1-8 and FRog No. 17.1. The motion is supported by a separate statement; declarations from attorneys Alisha Maline and Angelica Samaniego; the discovery and discovery responses; the e-mails regarding the extensions; and the meet and confer e-mails. In opposi...

Excerpt: ...142 S.Ct. 1905. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual" components. In the Viking River lexicon, an "individual" PAGA cla...

Excerpt: ...enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must be notified of the settlement and given an opportunity to object. (Lab. Code S ["The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." I Upon approval...

Excerpt: ...excessive overtime or for poor performance while non-Caucasian and non-U.S.-born employees were reprimanded. Plaintiff was defendants' Chief Medical Information Officer and is of Persian and Iranian descent. Based on these allegations, among others, plaintiff commenced suit against defendants on May 26, 2022, for (1) wrongful termination in violation of public policy, (2) race and national origin discrimination, (3) failure to prevent discriminat...

Excerpt: ... court. Defendant misconstrues the issue as whether the arbitration should proceed on a class basis. If this lawsuit were pled as a class action, and if plaintiffs were seeking arbitration on a class basis, defendant would be correct, that under the Federal Arbitration Act (FAA)—which the parties agree governs—the question would need to be "clearly and unmistakably" delegated to the arbitrator to decide. But this matter is nota class action a...

Excerpt: ...ee request of $83,550 is reduced to $76,410. The court previously awarded plaintiff $437,604 in fees and $46,431.62 in pre-appeal costs as the prevailing party under the contract. Through the current motion, plaintiff seeks an additional $83,550 in fees and $6,239.01 in costs. The motion is supported by declarations from attorneys Price Kent, Mark Padilla, Rebecca Lack, and Michael York; the respondent's brief on appeal; and billing records. Kent...

Excerpt: ...le 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 125; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 705, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the...

Excerpt: ...nt to hire day laborers to cut down the trees on the weekend to avoid City interference despite defendants knowing their conduct was illegal. The FAC also indicates defendants' agents cut down the trees. (FAC at 17, 20-25, and 29.) Third Cause of Action for Public Nuisance: The demurrer is overruled. The demurrer fails to outline the relevant Municipal Code sections cited and analyze that law in the context of the allegations. (See Quantum Cookin...

Excerpt: ... Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery comple...

Excerpt: ...ud, and violation ofthe Unruh Civil Rights Act ("Unruh Act"). The Complaint alleges Village Owner purchased the Lake Arrowhead Village in 2019. It indicated to the community that it intended to improve the property. Broussard eventually leased unit 02-150 of the Village to operate the Yeshua and Sweets Bakery. However, she was required to do all the repairs within 60 days without any assistance from Village Owner other than it proposing she uses ...

Excerpt: ...y pay wages; (7) failure to indemnify for necessary expenditures; (8) meal period violations; (9) civil penalties under PAGA; (10) unfair completion law violations; and (11) failure to pay minimum wage. Essentially, Plaintiffs assert that they are fleet mechanics and diesel technicians employed at Defendant's fleet-maintenance service locations. The suit was brought on behalf of 678 non-exempt employees, excluding corporate employees and other em...

Excerpt: ... (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the s...

Excerpt: ...ud, and violation ofthe Unruh Act. The Complaint alleges Village Owner purchased the Lake Arrowhead Village in 2019. It indicated to the community that it intended to improve the property. Broussard eventually leased unit 02-150 of the Village to operate the Yeshua and Sweets Bakery. However, she was required to do all the repairs within 60 days without any assistance from Village Owner other than it proposing she uses üJgan Construction for the...

Excerpt: ... violation of FEHA; (2) discrimination the basis of disability in violation of FEHA; (3) harassment on the basis of disability in violation of FEHA; (4) failure to provide reasonable accommodation in violation of FEHA; (5) failure to engage in the interactive process; (6) retaliation for engaging in a protected activty in violation of FEHA; (7) failure to prevent discrimination, harassment and retaliation in violation of FEHA; (8) wrongful termin...

Excerpt: ...1 2.) Defendant mailed payment to JAMS on December 21, 2023. (ld. at '1 3.) Also on December 23, 2022, plaintiff filed this motion to vacate the order compelling arbitration under Code of Civil Procedure section 1297, subdivision (a), on the ground that defendant was in material breach of the arbitration agreement and has waived its right to arbitrate by failing to pay its share of the arbitration filing fees within thirty days as required by the...

Excerpt: ...r breach of contract, common counts, conversion (or 5 claims total, one as to each project), and unfair competition (the 7th cause of action). Through the course of discovery, Plaintiff, Golden State, served a records upon Liberty Mutual Insurance Company (Liberty). According to Golden State, the seeks documents related to (1) the two projects; (2) Tate's claim he had no money to pay Golden State for the projects because Allen was winding down it...

Excerpt: ...rbitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individua...

Excerpt: ...d, Muzzammil Ahmed ("Muzzammil"), and Aijaz Ahmed ("Aijaz"). The Complaint pleads two causes of acton: (1) negligence/motor vehicle against all, and (2) negligent entrustment against TLC, VGM, Muzzammil, and Aijaz. On January 25, 2022, Defendant VGM filed a Cross-complaint against Cross- Defendants TLC and Hamed for breach of contract (contractual indemnity), indemnity, declaratory relief, apportionment offault, and contribution. On August 23, 20...

Excerpt: ...nd summary adjudication are functionally identical. The motions are prem-sed on plaintiff's last date of employment being March 21, 2020, which plaintiff acknowledges. (SS, fact 3.) The lawsuit was filed September 20, 2021, 548 days later. Due to the pandemic, however, statutes of limitation were tolled from April 6, 2020, until October 1, 2020, for a total of 179 days. Therefore, plaintiff had 544 days to file his lawsuit from the date his cause...

Excerpt: ...subject vehicle in October of 2019 and that the transmission was defective He alleges that, despite being covered by express and implied warranties, the Defendant-manufacturer failed to repair the vehicle within a reasonable time and, further, failed to provide a replacement or make restitution. The operative First Amended Complaint (FAC) alleges (1) breach of express warranty under the Song-Beverly Act (Act), (2) breach of implied warranty under...

Excerpt: ...utoff dates. The moving papers have established good cause relating to substitution of counsel for Defendant Bridge, as well as Wluminous required on-going discovery. The Court vacates the currently set Trial Readiness and Trial dates and will set new dates with the input of counsel at the hearing on this motion. Motion for Protective Order: The Court would DENY the motion for protective order. Case Summary This is an elder abuse and wrongful dea...

Excerpt: ...bitration pursuant to Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Before Viking River, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non-individual...

Excerpt: ... Corp., Ltd. (2wJ) 22 cal. 4th 1127, 1147, quoting Sanchez v. superior court (1988) 203 cal.App.3d 1391, 1397.) A party may "specially ap#ar" for the purpose of contesting jurisdiction, among other reasons, but that is not what is attempted here. (See Olcese v. Justice's Court of First Jud. Township (1909) 156 Cal. 82, 87 ["must keep out for all purposes except to make that [jurisdictional] objection . . . ." l.) A "special appearance" is not use...

Excerpt: ...ker Retail, Inc. (21W8) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through...

Excerpt: ...achers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the riskof maintaining class action status through trial, the amount offered in settlement, the extent of discovery c...

Excerpt: ... as vague, ambiguous, and overbroad, and pursuant to Code of Civil Procedure section 2030.230 refers Plaintiff to specified documents it has produced which purportedly identify the individuals and transactions, including dates and times, of which Defendant is familiar regarding the subject incident. Plaintiff argues reference to the writings are improper because they require them to "dig" through the referenced documents to locate the responses. ...

Excerpt: ...t Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status th...

Excerpt: ...s Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery comple...

Excerpt: ...ued Petitioner an Administrative Civil Penalties Notice regarding an unpermitted marijuana dispensary located on Petitioner's property. It imposed a penalty of SIK per day. Petitioner requested an administrative appeal hearing, which was held on June 24, 2021. The Administrative Law Judge (AU) ruled in favor of the City, imposing a SIK per day penalty from April 20, 2021 until the date the violations were cured. Petitioner alleges the dec:ision c...

Excerpt: ...rocedurel section 2025.450, it should be under section 2025.480. By the facts, a notice was served to which Defendant General Motors, LLC (GM) objected. Section 2025.450 addresses compelling when no objection is served. An objection was served. Thus, although not perfectly, the motion fits better under section 2025.480, which applies to objections to questions and documents. Here, there are entire objections to producing documents and answering q...

Excerpt: ...iver, PAGA claims were not subject to arbitration under any circumstances. (See e.g. Iskanian v. CLS Transp. Los Angeles LLC (2014) 59 Cal.4th 348.) In Viking River, however, the Court held, contrary to Iskanian, that under the Federal Arbitration Act, 9 U.S.C., section 1 et seq. (FAA), a PAGA action is divisible into "individual" and "non- individual" components. In the Viking River lexicon, an "individual" PAGA claim is one based on Labor Code ...

Excerpt: ...ant GMRI replies. Judicial Notice Defendant GMRI requests judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA) [Exh. A]. This request is denied as no applicable ground exists to judicially notice a private company's rules and procedures. Discussion Under Code of Civil Procedure secton 1281.2, a party to an arbitration agreement may move to compel arbitration if the other contra...

Excerpt: ...de within ten days after service of the notice of entry of the order or ruling; (2) based on new or different facts, circumstances or law; and (3) accompanied by a declaration stating what previous "application" was made, the ruling thereon, and what new or different facts, circumstances or law are claimed to exist. (Code Civ. Proc., S 1008, subd. The burden under secton 1008 "is comparable to that of a party seeking a new trial on the ground of ...

Excerpt: ... Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement...

Excerpt: ...(2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the st...

Excerpt: ...emediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws." (Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 55, 77.) The court must find that the plaintiff "has adequately represented the state's interests, and hence the public interest." (ld. at p. 89.) The LWDA must have been notified of the settlement and given an opportunity to object. The court lacks sufficient information to make these findin...

Excerpt: ...t would OVERRULE as to the remainder. Case Summary This is a wage-and-hour class and Private Attorneys General Act (PAGA) representative action. Plaintiff Basurto initially filed the matter as a wage-and-hour class achon on March 18, 2021. On August 12, 2021, counsel filed a First Amended Complaint to add Plaintiff Gardea and a claim for civil damages pursuant to PAGA. Following a demurrer, Plaintiffs filed a Second Amended Complaint on February ...

Excerpt: ... of action: (1) negligence and (2) premise liability. Defendant Apple answered. The FAC alleges on May 26, 2018, Plaintiffs Lewis and Ballou tripped and fell on the walkway at 12044 Armargosa Rd„ Victorville. That property is owned, controlled, possessed, and/or managed by Apple ("7-9). Defendant Apple moves for Judgment on the Pleading as to Plaintiff Ballou. Plaintiff Ballou opposes.[l] Defendant Apple replies.[2] DISCUSSIONS Judicial Notice[...

Excerpt: ...ty Group, Inc. dba Keller Williams Realty Irvine ("HT Realty"). The Complaint pleads five causes of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. Defendant HT Realty moved to strike the phrase "punitive damages" from paragraph 48 and the prayers for punitive damages and attorney fees. Plaintiffs Sang and Marco opposed.l Defendant HT Realty ...

Excerpt: ...ts Valley Power Systems, Inc. (Va ley) and Joseph Zucker (Zucker) on August 19, 2020, alleging causes of action for motor vehicle and general negligence. Natasha alleges she was traveling northbound on Interstate 215 at or near Palm Avenue in San Bernardino on March 13, 2019, when her vehicle was hit by another vehicle driven by Zucker and owned by Valley. Zucker was intoxicated and driving the wrong way, and admitted to police he had been drinki...

Excerpt: ...s (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the ...

Excerpt: ... Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed ...

Excerpt: ...n February 9, 2023, Plaintiff filed its operative First Amended Complaint (FAC) against Defendant. It includes two causes of action: (1) breach of contract; and (2) "tortious bad faith; breach of implied covenant and fair dealing." Plaintiff alleges the following: Plaintiff inspects and, when necessary, repairs roofs. At the request of Marco Chavez ("Policy Holder"), Plaintiff inspected the roof of a property in Rancho Cucamonga. After identifyin...

Excerpt: ..., Plaintiffs claim that that males and non-binary were discriminated against at the "Ladies' Day Out" events held at Bass Pro stores in California in 2018 and 2019. This case was originally filed on May 3, 2019 by two plaintiffs. On October 22, 2019, Plaintiff Sielski filed a separate complaint on a class basis (CIVDS1931635). Those two cases were consolidated by order issued on June 24, 2020. Subsequently, that consolidated class matter was amen...

Excerpt: ...ot this complaint. 2. Demurrerto the First Cause of Action for Breach of Contract: The demurrer is overruled. The complaint need only allege the contract's legal effect McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489, which has been done in this case given the "equal partners" allegation, among others. (Compl. at '1 8.) The revised UPA also provdes filler terms if needed. Jones v. Goodman (2020) 57 Cal.App.5th 521, 531. Franci...

Excerpt: ...ity Hospital ("Barstow Hospital"), Darla Smith, RN, Kathleen Japsay, RN, Kirsten Vall, RN, Michelle Merrill, RN, Margaret "Peggy" Ventura, Dr. Mohammad Marashi, and Kimberly Foster, RN (Doe 1). The operative First Amended Complaint (FAC) pleads 7 causes of action: (1) Battery by Morton against Barstow Hospital, Smith, Japsay, Vall, Merrill, Ventura, and Foster; (2) False imprisonment by London against all; (3) Medical battery-unconsented medical ...

Excerpt: ...forth below, the court grants the moton. Preliminary Approval of Class Action Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making ...

Excerpt: ... 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the stage of...